CHAPTER XII

DIPLOMATIC NEGOTIATIONS

In the autumn of 1914, the rush of getting the Americans out

of Germany was over. The care of the British civilians was on a

business basis and there were comparatively few camps of prisoners

of war. Absolutely tired by working every day and until twelve

at night, I went to Munich for a two weeks' rest.

On February fourth, 1915, Germany announced that on February

eighteenth the blockade of England through submarines would commence.

Some very peculiar and mysterious negotiations thereafter ensued.

About February eighth, an American who was very intimate with

the members of the General Staff came to me with a statement

that Germany desired peace and was ready to open negotiations

to that end. It was, however, to be made a condition of these

peace negotiations that this particular American should go to

Paris and to Petrograd and inform the governments there of the

overwhelming strength of the German armies and of their positions,

which knowledge, it was said, he had obtained by personally visiting

both the fronts, it was further intimated that von Tirpitz himself

was anxious that peace should be concluded, possibly because of

his fear that the proposed blockade would not be successful.

Of course, I informed the State Department of these mysterious

manoeuvres.

I was taken by back stairways to a mysterious meeting with von

Tirpitz at night in his rooms in the Navy Department. When I was

alone with him, however, he had nothing definite to say or to

offer; if there was any opportunity at that time to make peace

nothing came of it. It looked somewhat to me as if the whole

idea had been to get this American to go to Paris and Petrograd,

certify from his personal observation to the strength of the

German armies and position, and thereby to assist in enticing

one or both of these countries to desert the allied cause. All of

this took place about ten days before the eighteenth of February,

the time named for the announcement of the blockade of England.

Medals were struck having the head of von Tirpitz on one side

and on the other the words "Gott strafe England," and a picture

of a sort of Neptune assisted by a submarine rising from the

sea to blockade the distant English coast.

The Ambassador is supposed to have the right to demand an audience

with the Kaiser at any time, and as there were matters connected

with the treatment of prisoners as well as this coming submarine

warfare which I wished to take up with him, I had on various

occasions asked for an audience with him; on each occasion my

request had been refused on some excuse or other, and I was not

even permitted to go to the railway station to bid him good-bye

on one occasion when he left for the front.

When our Military Attaché, Major Langhorne, left in March, 1915,

he had a farewell audience with the Kaiser and I then asked him

to say to the Kaiser that I had not seen him for so long a time

that I had forgotten what he looked like. Langhorne reported

to me that he had given his message to the Kaiser and that the

Kaiser said, "I have nothing against Mr. Gerard personally, but

I will not see the Ambassador of a country which furnishes arms

and ammunition to the enemies of Germany."

Before the departure of Langhorne, I had succeeded in getting

Germany to agree that six American army officers might visit

Germany as military observers. When they arrived, I presented

them at the Foreign Office, etc., and they were taken on trips

to the East and West fronts.

They were not allowed to see much, and their request to be attached

to a particular unit was refused. Nearly everywhere they were

subject to insulting remarks or treatment because of the shipment

of munitions of war to the Allies from America; and finally after

they had been subjected to deliberate insults at the hands of

several German generals, Mackensen particularly distinguishing

himself, the United States Government withdrew them from Germany.

Colonel (now General) Kuhn, however, who was of these observers,

was appointed Military Attaché in place of Major Langhorne. Speaking

German fluently and acting with great tact, he managed for a long

time to keep sufficiently in the good graces of the Germans to

be allowed to see something of the operations of the various

fronts. There came a period in 1916 when he was no longer invited

to go on the various excursions made by the foreign military

attachés and finally Major Nicolai, the general intelligence

officer of the Great General Headquarters, sent for him early in

the autumn of 1916, and informed him that he could no longer go

to any of the fronts. Colonel Kuhn answered that he was aware of

this already. Major Nicolai said that he gave him this information

by direct order of General Ludendorf, that General Ludendorf had

stated that he did not believe America could do more damage to

Germany than she had done if the two countries were actually

at war, and that he considered that, practically, America and

Germany were engaged in hostilities. On this being reported to

Washington, Colonel Kuhn was quite naturally recalled.

I cannot praise too highly the patience and tact shown by Colonel

Kuhn in dealing with the Germans. Although accused in the German

newspapers of being a spy, and otherwise attacked, he kept his

temper and observed all that he could for the benefit of his own

country. As he had had an opportunity to observe the Russian-Japanese

war, his experiences at that time, coupled with his experiences

in Germany, make him, perhaps, our greatest American expert on

modern war.

It was with the greatest pleasure that I heard from Secretary

Baker that he had determined to promote Colonel Kuhn to the rank

of General and make him head of our War College, where his teachings

will prove of the greatest value to the armies of the United States.

Colonel House and his wife arrived to pay us a visit on March 19,

1915, and remained until the twenty-eighth. During this period the

Colonel met all the principal members of the German Government and

many men of influence and prominence in the world of affairs, such

as Herr von Gwinner, head of the Deutsche Bank, and Dr. Walter

Rathenau, who succeeded his father as head of the Allgemeine

Elektricitats Gesellschaft and hundreds of other corporations. The

Colonel dined at the house of Dr. Solf, the Colonial Minister,

and lunched with von Gwinner.

In April, negotiations were continued about the sinking of the

_William P. Fry_, an American boat loaded with food and

destined for Ireland. The American Government on behalf of the

owners of the _William P. Fry_ claimed damages for the boat.

Nothing was said about the cargo, but in the German answer it was

stated that the cargo of the _William P. Fry_ consisting of

foodstuffs destined for an armed port of the enemy and, therefore,

presumed to be destined for the armed forces of the enemy was,

because of this, contraband. I spoke to von Jagow about this and

told him that I thought that possibly this would seem to amount

to a German justification of the British blockade of Germany.

He said that this note had been drawn by Director Kriege who

was their expert on international law, and that he would not

interfere with Kriege's work. Of course, as a matter of fact,

all foodstuffs shipped to Germany would have to be landed at

some armed port, and, therefore, according to the contentions

of Germany, these would be supposed to be destined to the armed

forces of the enemy and become contraband of war.

At international law, it had always been recognised that private

individuals and corporations have the right to sell arms and

ammunitions of war to any belligerent and, in the Hague Convention

held in 1907, this right was expressly ratified and confirmed.

This same Director Kriege who represented Germany at this Hague

Conference in 1907, in the debates on this point said: "The neutral

boats which engage in such a trade, commit a violation of the

duties of neutrality. However, according to a principle generally

recognised, the State of which the boat flies the flag is not

responsible for this violation. The neutral States are not called

upon to forbid their subjects a commerce which, from the point of

view of the belligerents, ought to be considered as unlawful."

(Conférence International de la Paix, La Haye, 15 Juin-18 Octobre

1907. Vol. III, p. 859.)

During our trouble with General Huerta, arms and ammunition for

Huerta's forces from Germany were landed from German ships in

Mexico. During the Boer war the Germans, who openly sympathised

with the Boers, nevertheless furnished to England great quantities

of arms and munitions, expressly destined to be used against

the Boers; and this, although it was manifest that there was

no possibility whatever that the Boers could obtain arms and

munitions from German sources during the war. For instance, the

firm of Eberhardt in Dusseldorf furnished one hundred and nine

cannon, complete, with wagons, caissons and munitions, etc., to

the English which were expressly designed for use against the

Boers.

At one time the Imperial Foreign Office sent me a formal note

making reference to a paragraph in former Ambassador Andrew D.

White's autobiography with reference to the alleged stoppage

in a German port of a boat laden with arms and ammunition, for

use against the Americans in Cuba during the Spanish War. Of

course, former Ambassador White wrote without having the Embassy

records at hand and those records show that the position he took

at the time of this alleged stoppage was eminently correct.

The files show that he wrote the letter to the State Department

in which he stated that knowledge came to him of the proposed

sailing of this ship, but he did not protest because he had been

advised by a Naval Attaché that the United States did not have

the right to interfere. The Department of State wrote to him

commending his action in not filing any protest and otherwise

interfering.

It seemed as if the German Government expressly desired to stir

up hatred against America on this issue in order to force the

American Government through fear of either the German Government,

or the German-American propagandists at home, to put an immediate

embargo on the export of these supplies.

In the autumn of 1914 Zimmermann showed me a long list sent him

by Bernstorff showing quantities of saddles, automobiles, motor

trucks, tires, explosives, foodstuffs and so on, exported from

America to the Allies and intimated that this traffic had reached

such proportions that it should be stopped.

In February, 1915, in the official _Communiqué_ of the day

appeared the following statement: "Heavy artillery fire in certain

sections of the West front, mostly with American ammunition;"

and in April in the official _Communiqué_ something to this

effect: "Captured French artillery officers say that they have

great stores of American ammunition." I obtained through the State

Department in Washington a statement from the French Ambassador

certifying that up to that time, the end of April, 1915, no shells

whatever of the French artillery had been furnished from America.

Nothing, however, would satisfy the Germans. They seemed determined

that the export of every article, whether of food or munitions

which might prove of use to the Allies in the war, should be

stopped. Newspapers were filled with bitter attacks upon America

and upon President Wilson, and with caricatures referring to

the sale of munitions.

It never seemed to occur to the Germans that we could not violate

the Hague Convention in order to change the rules of the game

because one party, after the commencement of hostilities, found

that the rule worked to his disadvantage. Nor did the Germans

consider that America could not vary its international law with

the changing fortunes of war and make one ruling when the Germans

lost control of the sea and another ruling if they regained it.

From early in 1915 until I left Germany, I do not think I ever

had a conversation with a German without his alluding to this

question. Shortly before leaving Germany, in January, 1917, and

after I had learned of the probability of the resumption of ruthless

submarine war, at an evening party at the house of Dr. Solf, the

Colonial Minister, a large German who turned out to be one of

the Grand Dukes of Mecklenburg-Schwerin, planted himself some

distance away from me and addressed me in German saying, "You are

the American Ambassador and I want to tell you that the conduct

of America in furnishing arms and ammunition to the enemies of

Germany is stamped deep on the German heart, that we will never

forget it and will some day have our revenge." He spoke in a

voice so loud and slapped his chest so hard that everyone in

the room stopped their conversation in order to hear. He wore

on his breast the orders of the Black Eagle, the Red Eagle, the

Elephant and the Seraphim, and when he struck all this menagerie

the rattle alone was quite loud. I reminded him politely of the

Hague Convention, of the fact that we could not change international

law from time to time with the change in the situation of the war,

and that Germany had furnished arms to England to use against the

Boers. But he simply answered, "We care nothing for treaties,"

and my answer, "That is what they all say," was a retort too

obvious to be omitted.

The German press continually published articles to the effect

that the war would be finished if it were not for the shipment

of supplies from America. All public opinion was with the German

Government when the warning was issued on February fourth, 1915,

stating that the blockade of England would commence on the eighteenth

and warning neutral ships to keep out of the war zone. From then

on we had constant cases and crises with reference to the sinking

of American boats by the German submarine. There were the cases

of the _Gulfflight_ and the _Cushing_ and the _Falaba_, an English

boat sunk without warning on which Americans were killed. On May

sixth, 1915, Director Kriege of the Foreign Office asked Mr. Jackson

to call and see him, and told him that he would like to have the

following three points brought to the attention of the American

public:

"1. As the result of the English effort to stop all foreign

commerce with Germany, Germany would do everything in her power

to destroy English commerce and merchant shipping. There was,

however, never at any time an intention to destroy or interfere

with neutral commerce or to attack neutral shipping unless

engaged in contraband trade. In view of the action of the

British Government in arming merchant vessels and causing

them to disguise their national character, the occasional

destruction of a neutral ship was unavoidable. Naval officers

in command of submarines had been instructed originally, and

new and more stringent instructions had been issued repeatedly,

to use the utmost care, consistent with their own safety, to

avoid attacks on neutral vessels.

"2. In case a neutral ship should be destroyed by a submarine

the German Government is prepared to make an immediate and

formal expression of its regret and to pay an indemnity, without

having recourse to a prize court.

"3. All reports with regard to the destruction of a neutral

vessel by a German submarine are investigated at once by both

the German Foreign Office and Admiralty and the result is

communicated to the Government concerned, which is requested in

return to communicate to the German Government the result of its

own independent investigation. Where there is any material

divergence in the two reports as to the presumed cause of

destruction (torpedo or mine), the question is to be submitted

to investigation by a commission composed of representatives of

the two nations concerned, with a neutral arbiter whose decision

will be final. This course has already been adopted in two cases,

in which a Dutch and a Norwegian vessel, respectively, were

concerned. The German Government reserves its right to refuse

this international arbitration in exceptional cases where for

military reasons the German Admiralty are opposed to its taking

place."

Director Kriege told Mr. Jackson that a written communication in

which the substance of the foregoing would be contained, would

soon to be made to the Embassy.

Mr. Jackson put this conversation down in the form above given

and showed Director Kriege a copy of it. Later in the day Geheimrat

Simon called on Mr. Jackson at the Embassy and said that Dr.

Kriege would like to have point two read as follows:

"In case _through any unfortunate mistake a neutral ship_,"

and continuing to the end; and that Dr. Kriege would like to

change what was written on point three beginning with "Where

there is" so that it should read, as follows:--"Where there is

any material divergence in the two reports as to the presumed

cause of destruction (torpedo or mine), the German Government has

already in several instances declared its readiness to submit

the question to the decision of an international commission in

accordance with the Hague Convention for the friendly settlement

of international disputes."

This had been suggested by Director Kriege in case it should

be decided to make a communication to the American Press. Mr.

Jackson told Geheimrat Simon that he would report the subject of

his conversation to me, but that it would depend upon me whether

any communication should be made to the American Government or

to the press upon the subject.

Of course, the news of the torpedoing of the _Lusitania_ on

May seventh and of the great loss of American lives brought

about a very critical situation, and naturally nothing was done

with Kriege's propositions.

It is unnecessary here for me to go into the notes which were

exchanged between the two governments because all that is already

public property.

Sometime after I had delivered our first _Lusitania_ Note of

May 11th, 1915, Zimmermann was lunching with us. A good looking

American woman, married to a German, was also of the party and

after lunch although I was talking to some one else I overheard

part of her conversation with Zimmermann. When Zimmermann left

I asked her what it was that he had said about America, Germany,

Mr. Bryan and the _Lusitania_. She then told me that she

had said to Zimmermann that it was a great pity that we were

to leave Berlin as it looked as if diplomatic relations between

the two countries would be broken, and that Zimmermann told her

not to worry about that because they had just received word from

the Austrian Government that Dr. Dumba, the Austrian Ambassador

in Washington, had cabled that the _Lusitania_ Note from

America to Germany was only sent as a sop to public opinion in

America and that the government did not really mean what was

said in that note. I then called on Zimmermann at the Foreign

Office and he showed me Dumba's telegram which was substantially

as stated above. Of course, I immediately cabled to the State

Department and also got word to President Wilson. The rest of

the incident is public property. I, of course, did not know what

actually occurred between Mr. Bryan and Dr. Dumba, but I am sure

that Dr. Dumba must have misunderstood friendly statements made

by Mr. Bryan.

It was very lucky that I discovered the existence of this Dumba

cablegram in this manner which savours almost of diplomacy as

represented on the stage. If the Germans had gone on in the belief

that the _Lusitania_ Note was not really meant, war would

have inevitably resulted at that time between Germany and America,

and it shows how great events may be shaped by heavy luncheons

and a pretty woman.

Before this time much indignation had been caused in Germany

by the fact that the _Lusitania_ on her eastward voyage

from New York early in February, 1915, had raised the American

flag when nearing British waters.

Shortly after this incident had become known, I was at the

Wintergarten, a large concert hall in Berlin, with Grant Smith,

First Secretary of the Embassy at Vienna and other members of

my staff. We naturally spoke English among ourselves, a fact

which aroused the ire of a German who had been drinking heavily

and who was seated in the next box. He immediately began to call

out that some one was speaking English and when told by one of

the attendants that it was the American Ambassador, he immediately

cried in a loud voice that Americans were even worse than English

and that the _Lusitania_ had been flying the American flag as

protection in British waters.

The audience, however, took sides against him and told him to

shut up and as I left the house at the close of the performance,

some Germans spoke to me and apologised for his conduct. The

next day the manager of the Wintergarten called on me also to

express his regret for the occurrence.

About a year afterwards I was at the races one day and saw this

man and asked him what he meant by making such a noise at the

Wintergarten. He immediately apologised and said that he had

been drinking and hoped that I would forget the incident. This

was the only incident of the kind which occurred to me during

all the time that I was in Germany.

Both before and after the sinking of the _Lusitania_, the

German Foreign Office put forward all kinds of proposals with

reference to American ships in the war zone. On one afternoon,

Zimmermann, who had a number of these proposals drafted in German,

showed them to me and I wrote down the English translation for him

to see how it would look in English. These proposals were about

the sailing from America of what might be called certified ships,

the ships to be painted and striped in a distinctive way, to come

from certified ports at certain certified times, America to agree

that these ships should carry no contraband whatever. All these

proposals were sternly rejected by the President.

On February sixteenth, the German answer to our note of February

tenth had announced that Germany declined all responsibility for

what might happen to neutral ships and, in addition, announced

that mines would be allowed in waters surrounding Great Britain

and Ireland. This note also contained one of Zimmermann's proposed

solutions, namely, that American warships should convoy American

merchantmen.

The German note of the sixteenth also spoke about the great traffic

in munitions from the United States to the Allies, and contained

a suggestion that the United States should induce the Allies to

adopt the Declaration of London and omit the importation not

only of food but also of all raw materials into Germany.

February twentieth was the date of the conciliatory note addressed

by President Wilson to both Great Britain and Germany; and contained

the suggestion that submarines should not be employed against

merchant vessels of any nationality and that food should be allowed

to go through for the civil population of Germany consigned to

the agencies named by the United States in Germany, which were

to see that the food was received and distributed to the civil

population.

In the meantime the mines on the German coast had destroyed two

American ships, both loaded with cotton for Germany; one called

the _Carib_ and the other the _Evelyn_.

In America, Congress refused to pass a law to put it in the power

of the President to place an embargo on the export of munitions

of war.

In April, Count Bernstorff delivered his note concerning the

alleged want of neutrality of the United States, referring to

the numerous new industries in war materials being built up in

the United States, stating, "In reality the United States is

supplying only Germany's enemies, a fact which is not in any

way modified by the theoretical willingness to furnish Germany

as well."

To this note, Secretary Bryan in a note replied that it was

impossible, in view of the indisputable doctrines of accepted

international law, to make any change in our own laws of neutrality

which meant unequally affecting, during the progress of the war,

the relations of the United States with the various nations at

war; and that the placing of embargoes on the trade in arms which

constituted such a change would be a direct violation of the

neutrality of the United States.

But all these negotiations, reproaches and recriminations were

put an end to by the torpedoing of the _Lusitania_, with the

killing of American women and civilians who were passengers on

that vessel.

I believed myself that we would immediately break diplomatic

relations, and prepared to leave Germany. On May eleventh, I

delivered to von Jagow the _Lusitania_ Note, which after

calling attention to the cases of the sinking of American boats,

ending with the _Lusitania_, contained the statement, "The

Imperial German Government will not expect the Government of

the United States to omit any word or any act necessary to the

sacred duty of maintaining the rights of the United States and

its citizens and of safeguarding their free exercises and

enjoyments."

During this period I had constant conversations with von Jagow

and Zimmermann, and it was during the conversations about this

submarine warfare that Zimmermann on one occasion said to me:

"The United States does not dare to do anything against Germany

because we have five hundred thousand German reservists in America

who will rise in arms against your government if your government

should dare to take any action against Germany." As he said this,

he worked himself up to a passion and repeatedly struck the table

with his fist. I told him that we had five hundred and one thousand

lamp posts in America, and that was where the German reservists

would find themselves if they tried any uprising; and I also

called his attention to the fact that no German-Americans making

use of the American passports which they could easily obtain,

were sailing for Germany by way of Scandinavian countries in

order to enlist in the German army. I told him that if he could

show me one person with an American passport who had come to

fight in the German army I might more readily believe what he

said about the Germans in America rising in revolution.

As a matter of fact, during the whole course of the war, I knew

of only one man with American citizenship who enlisted in the

German army. This was an American student then in Germany who

enlisted in a German regiment. His father, a business man in New

York, cabled me asking me to have his son released from the German

army; so I procured the discharge of the young man who immediately

wrote to me and informed me that he was over twenty-one, and

that he could not see what business his father had to interfere

with his military ambitions. I thereupon withdrew my request

with reference to him, but he had already been discharged from

the army. When his regiment went to the West front he stowed

away on the cars with it, was present at the attack on Ypres,

and was shot through the body. He recovered in a German hospital,

received the Iron Cross, was discharged and sailed for America.

What has since become of him I do not know.

I do not intend to go in great detail into this exchange of notes

and the public history of the submarine controversy, as all that

properly belongs to the history of the war rather than to an

account of my personal experiences; and besides, as Victor Hugo

said, "History is not written with a microscope." All will remember

the answer of Germany to the American _Lusitania_ Note, which

answer, delivered on May twenty-ninth, contained the charge that

the _Lusitania_ was armed and carried munitions, and had been

used in the transport of Canadian troops. In the meantime, however,

the American ship, _Nebraskan_, had been torpedoed off the coast

of Ireland on the twenty-sixth; and, on May twenty-eighth, Germany

stated that the American steamer, _Gulfflight_, had been torpedoed

by mistake, and apologised for this act.

Von Jagow gave me, about the same time, a Note requesting that

American vessels should be more plainly marked and should illuminate

their marking at night.

The second American _Lusitania_ Note was published on June

eleventh, 1915; and its delivery was coincident with the resignation

of Mr. Bryan as Secretary of State. In this last Note President

Wilson (for, of course, it is an open secret that he was the

author of these Notes) made the issue perfectly plain, referring

to the torpedoing of enemy passenger ships. "Only her actual

resistance to capture or refusal to stop when ordered to do so

for the purpose of visit could have afforded the commander of the

submarine any justification for so much as putting the lives of

those on board the ship in jeopardy." On July eighth the German

answer to this American _Lusitania_ Note was delivered, and

again stated that "we have been obliged to adopt a submarine war

to meet the declared intentions of our enemies and the method of

warfare adopted by them in contravention of international law".

Again referring to the alleged fact of the _Lusitania's_

carrying munitions they said: "If the _Lusitania_ had been

spared, thousands of cases of munitions would have been sent to

Germany's enemies and thereby thousands of German mothers and

children robbed of breadwinners." The note then contained some

of Zimmermann's favourite proposals, to the effect that German

submarine commanders would be instructed to permit the passage of

American steamers marked in a special way and of whose sailing

they had been notified in advance, provided that the American

Government guaranteed that these vessels did not carry contraband

of war. It was also suggested that a number of neutral vessels

should be added to those sailing under the American flag, to

give greater opportunity for those Americans who were compelled

to travel abroad, and the Note's most important part continued:

"In particular the Imperial Government is unable to admit that

the American citizens can protect an enemy ship by mere fact

of their presence on board."

July twenty-first, the American Government rejected the proposals

of Germany saying, "The lives of noncombatants may in no case

be put in jeopardy unless the vessel resists or seeks to escape

after being summoned to submit to examination," and disposed

of the claim that the acts of England gave Germany the right

to retaliate, even though American citizens should be deprived

of their lives in the course of retaliation by stating: "For a

belligerent act of retaliation is _per se_ an act beyond the

law, and the defense, of an act as retaliatory, is an admission

that it is illegal." Continuing it said: "If a belligerent cannot

retaliate against an enemy without injuring the lives of neutrals,

as well as their property, humanity, as well as justice and a

due regard for the dignity of neutral powers, should dictate

that the practice be discontinued."

It was also said: "The United States cannot believe that the

Imperial Government will longer refrain from disavowing the wanton

act of its naval commander in sinking the _Lusitania_ or

from offering reparation for the American lives lost, so far

as reparation can be made for the needless destruction of human

life by an illegal act." And the meat of the Note was contained

in the following sentence: "Friendship itself prompts it (the

United States) to say to the Imperial Government that repetition

by the commanders of German naval vessels of acts in contravention

of those rights must be regarded by the Government of the United

States, when they affect American citizens, as being deliberately

unfriendly."

There the matter has remained so far as the Lusitania was concerned

until now. In the meantime, the attack of the American ship,

_Nebraskan_, was disavowed; the German Note stating that

"the torpedo was not meant for the American flag and is to be

considered an unfortunate accident."

The diplomatic situation with regard to the use of the submarine

and the attack on many merchant ships without notice and without

putting the passengers in safety was still unsettled when on

August nineteenth, 1915, the British ship _Arabic_, was

torpedoed, without warning, not far from the place where the

_Lusitania_ had gone down. Two Americans were among the

passengers killed.

The German Government, after the usual quibbling, at length,

in its Note of September seventh, claimed that the Captain of

the German submarine, while engaged in preparing to sink the

_Dunsley_, became convinced that the approaching _Arabic_

was trying to ram him and, therefore, fired his torpedo. The

Imperial Government refused to admit any liability but offered

to arbitrate.

There followed almost immediately the case of the _Ancona_,

sunk by a submarine flying the Austrian flag. This case was naturally

out of my jurisdiction, but formed a link in the chain, and then

came the sinking of the _Persia_ in the Mediterranean. On this

boat our consul to Aden lost his life.

In the Note of Count Bernstorff to Secretary Lansing, dated September

first, 1915, Count Bernstorff said that liners would not be sunk

by German submarines without warning, and without putting the

passengers in safety, provided that the liners did not try to

escape or offer resistance; and it was further stated that this

policy was in effect before the sinking of the _Arabic_.

There were long negotiations during this period concerning the

_Arabic_. At one time it looked as if diplomatic relations

would be broken; but finally the Imperial Government consented

to acknowledge that the submarine commander had been wrong in

assuming that the _Arabic_ intended to ram his boat, offered

to pay an indemnity and disavowed the act of the commander. It

was stated that orders so precise had been given to the submarine

commanders that a "recurrence of incidents similar to the

_Arabic_ is considered out of the question."

In the same way the Austrian Government gave way to the demands

of America in the _Ancona_ case at the end of December, 1915.

Ambassador Penfield, in Austria, won great praise by his admirable

handling of this case.

The negotiations as to the still pending _Lusitania_ case

were carried on in Washington by Count Bernstorff and Secretary

Lansing, and finally Germany offered to pay an indemnity for

the death of the Americans on the _Lusitania_ whose deaths

Germany "greatly regretted," but refused to disavow the act of

the submarine commander in sinking the _Lusitania_ or to admit

that such act was illegal.

About this time our State Department sent out a Note proposing

in effect that submarines should conform to "cruiser" warfare,

only sinking a vessel which defended itself or tried to escape,

and that before sinking a vessel its passengers and crew should

be placed in safety; and that, on the other hand, merchant vessels

of belligerent nationality should be prohibited from carrying

any armaments whatever. This suggestion was not followed up.

Zimmermann (not the one in the Foreign Office) wrote an article

in the _Lokal Anzeiger_ of which he is an editor, saying

that the United States had something on their side in the question

of the export of munitions. I heard that von Kessel, commander of

the _Mark of Brandenburg_ said that he, Zimmermann, ought to be

shot as a traitor. Zimmermann hearing of this made von Kessel

apologise, but was shortly afterwards mobilised.

Colonel House had arrived in Germany at the end of January, 1916,

and remained only three days. He was quite worried by the situation

and by an interview he had had with Zimmermann in which Zimmermann

expressed the readiness of Germany to go to war with the United

States.

In February, 1916, the Junkers in the Prussian Lower House started

a fight against the Chancellor and discussed submarine war, a

matter out of their province. The Chancellor hit back at them hard

and had the best of the exchange. At this period it was reported

that the Emperor went to Wilhelmshafen to warn the submarine

commanders to be careful.

About March first it was reported that a grand council of war

was held at Charleville and that in spite of the support of von

Tirpitz by Falkenhayn, the Chief of Staff, the Chancellor was

supported by the Emperor, and once more beat the propositions

to recommence ruthless submarine war.

In March too, the "illness" of von Tirpitz was announced, followed

shortly by his resignation. On March nineteenth, his birthday,

a demonstration was looked for and I saw many police near his

dwelling, but nothing unusual occurred. I contemplated a trip

to America, but both the Chancellor and von Jagow begged me not

to go.

From the time of the _Lusitania_ sinking to that of the _Sussex_

all Germany was divided into two camps. The party of the Chancellor

tried to keep peace with America and did not want to have Germany

branded as an outlaw among nations. Von Tirpitz and his party of

naval and military officers called for ruthless submarine war, and

the Conservatives, angry with Bethmann-Hollweg because of his

proposed concession as to the extension of the suffrage, joined

the opposition. The reception of our last _Lusitania_ Note in

July, 1915, was hostile and I was accused of being against Germany,

although, of course, I had nothing to do with the preparation of

this Note.

In August, 1915, the deputies representing the great industrials

of Germany joined in the attack on the Chancellor. These men

wished to keep Northern France and Belgium, because they hoped

to get possession of the coal and iron deposits there and so

obtain a monopoly of the iron and steel trade of the continent.

Accelerators of public opinion, undoubtedly hired by the Krupp

firm, were hard at work. These Annexationists were opposed by the

more reasonable men who signed a petition against the annexation

of Belgium. Among the signers of this reasonable men's petition

were Prince Hatzfeld (Duke of Trachenberg) head of the Red Cross,

Dernburg, Prince Henkel Donnersmarck, Professor Delbrück, von

Harnack and many others.

The rage of the Conservatives at the _Arabic_ settlement

knew no bounds, and after a bitter article had appeared in the

_Tageszeitung_ about the _Arabic_ affair, that newspaper was

suppressed for some days,--a rather unexpected showing of backbone

on the part of the Chancellor. Reventlow who wrote for this newspaper

is one of the ablest editorial writers in Germany. An ex-naval

officer, he is bitter in his hatred of America. It was said that

he once lived in America and lost a small fortune in a Florida

orange grove, but I never succeeded in having this verified.

In November, 1915, after the _Arabic_ settlement there followed

a moment for us of comparative calm. Mrs. Gerard was given the

Red Cross Orders of the first and third classes, and Jackson

and Rives of the Embassy Staff the second and third class. The

third class is always given because one cannot have the first

and second unless one has the third or lowest.

There were rumours at this time of the formation of a new party;

really the Socialists and Liberals, as the Socialists as such were

too unfashionable, in too bad odour, to open a campaign against

the military under their own name. This talk came to nothing.

The Chancellor always complained bitterly that he could not

communicate in cipher _via_ wireless with von Bernstorff.

On one occasion he said to me, "How can I arrange as I wish to

in a friendly way the _Ancona_ and _Lusitania_ cases

if I cannot communicate with my Ambassador? Why does the United

States Government not allow me to communicate in cipher?" I said,

"The Foreign Office tried to get me to procure a safe-conduct for

the notorious von Rintelen on the pretense that he was going to do

charitable work for Belgium in America; perhaps Washington thinks

you want to communicate with people like that." The Chancellor then

changed the subject and said that there would be bad feeling in

Germany against America after the war. I answered that that idea

had been expressed by a great many Germans and German newspapers,

and that I had had private letters from a great many Americans

who wrote that if Germany intended to make war on America, after

this war, perhaps we had better go in now. He then very amiably

said that war with America would be ridiculous. He asked me why

public opinion in America was against Germany, and I answered

that matters like the Cavell case had made a bad impression in

America and that I knew personally that even the Kaiser did not

approve of the torpedoing of the _Lusitania_. The Chancellor

said, "How about the _Baralong_?" I replied that I did not

know the details and that there seemed much doubt and confusion

about that affair, but that there was no doubt about the fact

that Miss Cavell was shot and that she was a woman. I then took

up in detail with him the treatment of British prisoners and

said that this bad treatment could not go on. This was only one

of the many times when I complained to the Chancellor about the

condition of prisoners. I am sure that he did not approve of the

manner in which prisoners of war in Germany were treated; but

he always complained that he was powerless where the military

were concerned, and always referred me to Bismarck's memoirs.

During this winter of submarine controversy an interview with

von Tirpitz, thinly veiled as an interview with a "high naval

authority," was published in that usually most conservative of

newspapers, the _Frankfurter Zeitung_. In this interview the

"high naval authority" advocated ruthless submarine war with

England, and promised to bring about thereby the speedy surrender

of that country. After the surrender, which was to include the

whole British fleet, the German fleet with the surrendered British

fleet added to its force, was to sail for America, and exact from

that country indemnities enough to pay the whole cost of the war.

After his fall, von Tirpitz, in a letter to some admirers who

had sent him verses and a wreath, advocated holding the coast of

Flanders as a necessity for the war against England and America.

The successor of von Tirpitz was Admiral von Holtzendorff, whose

brother is Ballin's right hand man in the management of the Hamburg

American Line. Because of the more reasonable influence and

surroundings of von Holtzendorff, I regarded his appointment as

a help towards peaceful relations between Germany and America.

I have told in another chapter how the Emperor had refused to

receive me as Ambassador of a country which was supplying munitions

to the Allies.

From time to time since I learned of this in March, 1915, I kept

insisting upon my right as Ambassador to be received by the Emperor;

and finally early in October, 1915, wrote the following letter

to the Chancellor:

"Your Excellency:

Some time ago I requested you to arrange an audience for me

with his majesty.

Please take no further trouble about this matter.

Sincerely yours,

JAMES W. GERARD."

This seemed to have the desired effect. I was informed that I

would be received by the Emperor in the new palace at Potsdam

on October twenty-second. He was then to pay a flying visit to

Berlin to receive the new Peruvian Minister and one or two others.

We went down in the train to Potsdam, von Jagow accompanying us,

in the morning; and it was arranged that we should return on

the train leaving Potsdam a little after one o'clock. I think

that the authorities of the palace expected that I would be with

the Emperor for a few minutes only, as when I was shown into the

room where he was, a large room opening from the famous shell

hall of the palace, the Peruvian Minister and the others to be

received were standing waiting in that hall.

The Emperor was alone in the room and no one was present at our

interview. He was dressed in a Hussar uniform of the new field

grey, the parade uniform of which the frogs and trimmings were

of gold. A large table in the corner of the room was covered

with maps, compasses, scales and rulers; and looked as if the

Emperor there, in company with some of his aides, or possibly

the chief of staff, had been working out the plan of campaign

of the German armies.

The Emperor was standing; so, naturally, I stood also; and, according

to his habit, which is quite Rooseveltian, he stood very close to

me and talked very earnestly. I was fortunately able to clear

up two distinct points which he had against America.

The Emperor said that he had read in a German paper that a number

of submarines built in America for England had crossed the Atlantic

to England, escorted by ships of the American Navy. I was, of

course, able to deny this ridiculous story at the time and furnish

definite proofs later. The Emperor complained because a loan to

England and France had been floated in America. I said that the

first loan to a belligerent floated in America was a loan to

Germany. The Emperor sent for some of his staff and immediately

inquired into the matter. The members of the staff confirmed my

statement. The Emperor said that he would not have permitted

the torpedoing of the _Lusitania_ if he had known, and that

no gentleman would kill so many women and children. He showed,

however, great bitterness against the United States and repeatedly

said, "America had better look out after this war:" and "I shall

stand no nonsense from America after the war."

The interview lasted about an hour and a quarter, and when I finally

emerged from the room the officers of the Emperor's household were

in such a state of agitation that I feel sure they must have

thought that something fearful had occurred. As I walked rapidly

towards the door of the palace in order to take the carriage which

was to drive me to the train, one of them walked along beside

me saying, "Is it all right? Is it all right?"

The unfortunate diplomats who were to have been received and

who had been standing all this time outside the door waiting for

an audience missed their train and their luncheon.

At this interview, the Emperor looked very careworn and seemed

nervous. When I next saw him, however, which was not until the

end of April, 1916, he was in much better condition.

I was so fearful in reporting the dangerous part of this interview,

on account of the many spies not only in my own Embassy but also

in the State Department, that I sent but a very few words in a

roundabout way by courier direct to the President.

The year, 1916, opened with this great question still unsettled

and, in effect, Germany gave notice that after March first, 1916,

the German submarines would sink all armed merchantmen of the

enemies of Germany without warning. It is not my place here to

go into the agitation of this question in America or into the

history of the votes in Congress, which in fact upheld the policy

of the President. A proposal as to armed merchantmen was issued by

our State Department and the position taken in this was apparently

abandoned at the time of the settlement of the _Sussex_ case

to which I now refer.

In the latter half of March, 1916, a number of boats having Americans

on board were torpedoed without warning. These boats were the

_Eaglejoint_, the _Englishman_, the _Manchester Engineer_ and the

_Sussex_. One American was killed or drowned on the _Englishman_,

but the issue finally came to a head over the torpedoing of the

channel passenger boat, _Sussex_ which carried passengers between

Folkstone and Dieppe, France.

On March twenty-fourth the _Sussex_ was torpedoed near the

coast of France. Four hundred and thirty-six persons, of whom

seventy-five were Americans, were on board. The captain and a

number of the passengers saw the torpedo and an endeavour was

made to avoid it. After the boat was struck the many passengers

took to the boats. Three Americans were injured and over forty

persons lost their lives, although the boat was not sunk but

was towed to Boulogne.

I was instructed to inquire from the German Government as to

whether a German submarine had sunk the _Sussex_. The Foreign

Office finally, at my repeated request, called on the Admiralty

for a report of the torpedoing of the _Sussex_; and finally

on the tenth of April the German Note was delivered to me. In the

meantime, and before the delivery of this Note I had been assured

again and again that the _Sussex_ had not been torpedoed by

a German submarine. In this Note a rough sketch was enclosed,

said to have been made by the officer commanding the submarine, of

a vessel which he admitted he had torpedoed, in the same locality

where the _Sussex_ had been attacked and at about the same

time of day. It was said that this boat which was torpedoed was

a mine layer of the recently built _Arabic_ class and that a

great explosion which was observed to occur in the torpedoed ship

warranted the certain conclusion that great amounts of munitions

were on board. The Note concluded: "The German Government must

therefore assume that injury to the _Sussex_ was attributable

to another cause than attack by a German submarine." The Note

contained an offer to submit any difference of opinion that might

develop to be investigated by a mixed commission in accordance

with the Hague Convention of 1907. The _Englishman_ and

the _Eaglepoint_, it was claimed, were attacked by German

submarines only after they had attempted to escape, and an

explanation was given as to the _Manchester Engineer_. With

reference to the _Sussex_, the note continued: "Should the

American Government have at its disposal other material at the

conclusion of the case of the _Sussex_, the German Government

would ask that it be communicated, in order to subject this material

also to investigation."

In the meantime, American naval officers, etc., had been engaged

in collecting facts as to the sinking of the _Sussex_, and

this evidence, which seemed overwhelming and, in connection with

the admissions in the German note, absolutely conclusive, was

incorporated in the note sent to Germany in which Germany was

notified: "Unless the Imperial Government should now immediately

declare and effect abandonment of this present method of submarine

warfare against passenger and freight carrying vessels, the

Government of the United States can have no choice but to sever

diplomatic relations with the German Empire altogether."

The issue was now clearly defined.

I have already spoken of the fact that for a long time there had

been growing up two parties in Germany. One party headed by von

Tirpitz in favour of what the Germans called _rücksichtloser_,

or ruthless submarine war, in which all enemy merchant ships

were to be sunk without warning, and the party then headed by

the Chancellor which desired to avoid a conflict with America

on this issue.

As I have explained in a former chapter, the military have always

claimed to take a hand in shaping the destinies and foreign policies

of Germany. When the Germans began to turn their attention to the

creation of a fleet, von Tirpitz was the man who, in a sense,

became the leader of the movement and, therefore, the creator of

the modern navy of Germany. A skilful politician, he for years

dominated the Reichstag and on the question of submarine warfare

was most efficiently seconded by the efforts of the Navy League,

an organization having perhaps one million members throughout

Germany. Although only one of the three heads of the navy (he

was Secretary of the Navy), by the force of his personality, by

the political position which he had created for himself, and by

the backing of his friends in the Navy League he really dominated

the other two departments of the navy, the Marine Staff and the

Marine Cabinet.

Like most Germans of the ruling class, ambition is his only passion.

These Spartans do not care either for money or for the luxury

which it brings. Their life is on very simple lines, both in

the Army and Navy, in order that the officers shall not vie with

one another in expenditure, and in order that the poorer officers

and their wives shall not be subject to the humiliation which

would be caused if they had to live in constant contact with

brother officers living on a more luxurious footing.

Von Tirpitz' ambition undoubtedly led him to consider himself

as a promising candidate for Bethmann-Hollweg's shoes. The whole

submarine issue, therefore, became not only a question of military

expediency and a question for the Foreign Office to decide in

connection with the relations of America to Germany, but also a

question of internal politics, a means of forcing the Chancellor

out of office. The advocates for the ruthless war were drawn from

the Navy and from the Army, and those who believed in the use

of any means of offence against their enemies and particularly

in the use of any means that would stop the shipment of munitions

of war to the Allies. The Army and the Navy were joined by the

Conservatives and by all those who hoped for the fall of the

Chancellor. The conservative newspapers, and even the Roman Catholic

newspapers were violent in their call for ruthless submarine war

as well as violent in their denunciations of the United States

of America.

American passengers on merchant ships of the enemy were called

_Schutzengel_ (guardian angels), and caricatures were published,

such as one which showed the mate reporting to the Captain of

an English boat that everything was in readiness for sailing

and the Captain's inquiry, "Are you sure that the American

_Schutzengel_ is on board?" The numerous notes sent by America

to Germany also formed a frequent subject of caricature and I

remember particularly one quite clever one in the paper called

_Brummer_, representing the celebrations in a German port

on the arrival of the one hundredth note from America when the

Mayor of the town and the military, flower girls and singing

societies and _Turnverein_ were drawn up in welcoming array.

The liberal papers were inclined to support the Chancellor in

his apparent intention to avoid an open break with America. But

even the liberal papers were not very strong in their stand.

The military, of course, absolutely despised America and claimed

that America could do no more harm by declaring war than it was

doing then to Germany; and that possibly the war preparations

of America might cut down the amount of the munitions available

for export to the enemies of the Empire. As to anything that

America could do in a military way, the Navy and the Army were

unanimous in saying that as a military or naval factor the United

States might be considered as less than nothing. This was the

situation when the last _Sussex_ Note of America brought

matters to a crisis, and even the crisis itself was considered

a farce as it had been simmering for so long a period.

I arranged that Colonel House should have an interview with the

Chancellor at this time, and after dinner one night he had a long

talk with the Chancellor in which the dangers of the situation

were pointed out.

With this arrival of the last American _Sussex_ Note, I

felt that the situation was almost hopeless; that this question

which had dragged along for so long must now inevitably lead

to a break of relations and possibly to war. Von Jagow had the

same idea and said that it was "fate," and that there was nothing

more to be done. I myself felt that nothing could alter public

opinion in Germany; that in spite of von Tirpitz' fall, which had

taken place some time before, the advocates of ruthless submarine

warfare would win, and that to satisfy them Germany would risk

a break with America.

I was sitting in my office in a rather dazed and despairing state

when Professor Ludwig Stein, proprietor of a magazine called

_North and South_ and a writer of special articles on Germany's

foreign relations for the _Vossische Zeitung_, under the

name of "Diplomaticus," called to see me.

He informed me that he thought the situation was not yet hopeless,

that there was still a large party of reasonable men in Germany

and that he thought much good could be done if I should go to

the great general headquarters and have a talk with the Kaiser,

who, he informed me, was reported to be against a break.

I told Dr. Stein that, of course, I was perfectly willing to

go if there was the slightest chance of preventing war; and I

also told the Chancellor that if he was going to decide this

question in favor of peace it would be possibly easier for him

if the decision was arrived at under the protection, as it were,

of the Emperor; or that, if the decision lay with the Emperor,

I might possibly be able to help in convincing him if I had an

opportunity to lay the American side of the case before him. I

said, moreover, that I was ready at any time on short notice

to proceed to the Emperor's headquarters.

Dr. Hecksher, a member of the Reichstag, who must be classed

among the reasonable men of Germany, also advocated my speaking

directly to the Kaiser.

My Four Years in Germany · 第 12 / 20 章